Senate Bill 2514

AN ACT TO CREATE THE MISSISSIPPI WIRELESS COMMUNICATION COMMISSION; TO PROVIDE FOR ITS MEMBERSHIP AND PRESCRIBE ITS POWERS AND DUTIES; TO CREATE AN ADVISORY BOARD TO THE WIRELESS COMMUNICATION COMMISSION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is hereby created the Wireless Communication Commission, which shall be responsible for promoting the efficient use of state resources through the implementation and administration of the Mississippi Wireless Communications System.

(2) The Wireless Communication Commission, hereafter referred to as the "commission," shall consist of the following:

(a) The Executive Director of the Department of Transportation or his designee;

(b) The Commissioner of Public Safety or his designee;

(d) The Executive Director of the Department of Information Technology Systems or his designee;

(e) The Executive Director of the Mississippi Emergency Management Agency or his designee;

(f) The Executive Director of the Mississippi Office of Homeland Security or his designee;

(g) The President of the Mississippi Sheriff's Association or his designee;

(h) The President of the Mississippi Association of Fire Chiefs or his designee; and

(i) The President of the Mississippi Association of Police Chiefs or his designee.

(3) Within ten (10) days from the effective date of this act, the commission shall meet in the City of Jackson, Mississippi, and organize by electing a chairman and other officers from its membership. The commission shall adopt rules which govern the time and place for meetings and governing the manner of conducting its business. The commission shall meet at least monthly and maintain minutes of such meetings. A quorum shall consist of a majority of the membership of the commission. (4) The commission shall have the sole authority to promulgate rules and regulations governing the operations of the wireless communications system and shall be vested with all legal authority necessary and proper to perform this function including, but not limited to:

(a) Acquiring and implementing a statewide radio communications system to serve radio users in state and local governments and those private entities that enter into a partnership with the commission. This system shall enable interoperability between various radio communications technologies.

(b) Ensuring that federal/state communications requirements are followed.

(d) Assisting with establishment of state and local wireless communications.

(e) In consultation with the Department of Information Technology Services, having the authority to permit state and local agencies use of the communications system under the terms and conditions established by the commission and advisory board.

(f) Providing technical support to users and bearing the overall responsibility for the design, engineering, acquisition and implementation of the statewide communications system and for ensuring the proper operation and maintenance of all equipment common to the system.

(g) Seeking proposals for services through competitive processes where required by law and selecting service providers under procedures provided for by law.

(h) Establishing, in conjunction with the Department of Information Technology Services, policies, procedures and standards which shall be incorporated into a comprehensive management plan for the operation of the statewide communications system.

(i) Having sign-off approval on all wireless communications systems within the state which use any form of public monies to implement such system.

(j) Creating a standard user agreement.

(5) The commission, in conjunction with the Department of Information Technology Services, shall exercise its powers and duties pursuant to this act to plan, manage and administer the wireless communications system. The commission may:

(a) In consultation with the advisory board and the Department of Information Technology Services, establish policies, procedures and standards to incorporate into a comprehensive management plan for use and operation of the communications system.

(b) Enter into mutual aid agreements among federal, state and local agencies for the use of the communications system.

(c) Establish the cost of maintenance and operation of the system and charge subscribers for access and use of the system.

(d) Assess charges for use of the system.

(e) Be authorized to obtain space through rent or lease of space on any tower under state control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the office for each site when it is determined to be practicable and feasible to make space available.

(f) Be authorized to provide space through rent or lease of space on any tower under its control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the commission when it is determined to be practicable and feasible to make space available.

(g) Refuse to lease space on any tower at any site. All monies collected by the commission for such rents, leases or subleases shall be deposited directly into the Mississippi Wireless Communications System Fund and may be used by the commission to construct, maintain and operate the system.

(h) May be authorized to rent, lease or sublease ground space on lands acquired by the office for the construction of privately owned or publicly owned towers. The commission may, as part of such rental, lease or sublease agreement, require space on such towers for antennae as may be necessary for the construction and operation of the wireless communications system.

(i) Enter into and perform use and occupancy agreements concerning the system.

(j) Exercise any power necessary to carry out the intent of this law.

(6) The Department of Transportation shall provide to the commission on a full-time basis personnel and technical support necessary and sufficient to effectively and efficiently carry out the requirements of this section. The commission may employ an executive administrator who shall be responsible for the day-to-day management and administration of the commission. The executive administrator shall receive a salary set by the commission and shall be subject to the authority of the State Personnel Board.

(7) Members of the commission shall not receive any compensation or per diem, but may receive travel reimbursement provided for under Section 25-3-41.

(8) There is hereby created the Wireless Communication Advisory Board for the purpose of advising the Mississippi Wireless Communication Commission in performance of its duties. The advisory board shall be composed of the following:

(a) The Chairman of the Senate Public Utilities Committee;

(b) The Chairman of the House of Representatives Public Utilities Committee;

(d) The President of the Mississippi Municipal Association;

(e) One (1) member who represents the Mississippi National Guard to be appointed by the Governor;

(f) The Director of the Mississippi office of the Federal Bureau of Investigation;

(g) One (1) member who represents the state agency users to be appointed by the Governor;

(h) One (1) member who represents private entities with partnerships with the Mississippi Interoperable Communications System to be appointed by the Governor;

(i) One (1) member of the House of Representatives to be appointed by the Speaker;

(j) One (1) member of the Senate to be appointed by the Lieutenant Governor.

Members of the advisory board shall not receive any compensation or per diem, but may receive travel reimbursement provided under Section 25-3-41, except that the legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory board shall be paid to legislative members while the Legislature is in session.

SECTION 2. This act shall take effect and be in force from and after its passage.